QUESTION
What can I do if my brothers won't let me occupy the basement of the house that we all own?
Asked on May 01st, 2014 on Estate Planning - Michigan
More details to this question:
My father moved to North Carolina and left the home we were raised in to myself and two brothers. Home is paid for in full except for yearly taxes. The home is a 2 family home with a basement. Both brothers live in separate parts of the house. After breast cancer and the possibility of losing my job, I would like to move in and occupy the basement. It's been 13 years since we acquired the home. They have never left home. We are all in our 50's. They won't buy me out and they don't want me to occupy the basement which is not in use except for a walk in closet which one of my brothers had built. What are my options?
12 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If they are not allowing you to utilize a portion of the home, you would be entitled to a some rent from both of them for 1/3 of what the monthly rent would be or they can buy you out of your share. Either option may require court involvement if they will not cooperate. Are they paying the taxes on the property?
Answered on May 14th, 2014 at 11:36 AM
A co-owner can force the sale of the property by a partition action. You should consult a real estate attorney to review all of the facts and relevant documents and advise you.
Answered on May 05th, 2014 at 5:46 PM
Edwin K. Niles
Threaten to file a partition action to sell. That should wake them up.
Answered on May 01st, 2014 at 7:41 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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As a co-owner, you have the legal right to move in to the home. They do not have the right to keep you out. Given the family dynamic, it is best for all of you, if you can agree on this issue. Otherwise, your option would seem to be to file a partition action to force them to buy you out or to sell the property.
Answered on May 01st, 2014 at 3:33 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer to file a petition to partition the property which will compel brothers to buy out your interest or work out an agreement re living arrangements.
Answered on May 01st, 2014 at 11:55 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Sue them for partition. This will force the sale of the house, you will get your share, which you can then use to buy housing.
Answered on May 01st, 2014 at 11:42 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sue them for partition of the property and for your 1/3 of the rent they should have been paying for the last 13 years. Let the court figure it out.
Answered on May 01st, 2014 at 11:03 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: In West Virginia, an heir to real estate may bring a partition civil action in the local circuit court to have the real estate sold and the proceeds divided; one or more of the heirs may purchase at the sale and the other heirs would receive their share. It is a complicated procedure, and usually requires an attorney.
Answered on May 01st, 2014 at 10:56 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you own all or part of the house you have the LEGAL right to simply move in without their if they will not let you, you have the right to sue them for damages (e.g. your rent) and to force them to sell the house and distribute the proceeds.
Answered on May 01st, 2014 at 9:43 AM
2 Awards
If you are on title you can file a partition action and force them to buy you out. I don't suspect you want to live where you are not wanted - it would not be a very pleasant existence.
Answered on May 01st, 2014 at 9:42 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You should have your particular fact situation examined by an attorney to make sure you have not lost your rights in the house through adverse possession by your brothers. If they have denied you possession, they have paid for maintenance of the house and property taxes, without your contribution, and you have not received any benefit from the house and this has gone on for an extended number of years then they may have gained title from you through adverse possession. You must act quickly to have the detailed facts of your situation examined by an attorney. As an owner of an interest in the property you can file a partition action to force the division or sale of the property. Once you are able to prove your ownership interest and request a partition of the property the partition will be completed by the court. The costs of a partition action is divided among the owners. With residential property it is not usually possible to divide the property and so the court will order the sale and divide the proceeds. This threat may force your brothers to compromise.
Answered on May 01st, 2014 at 8:41 AM
You could start by paying an attorney to write a short demand-type letter to your brothers. If that doesn't work, you would probably need file an action for partition. Filing such a suit might be change your brothers' thinking. If not then you could ask the court to order the sale of the home and use your share of the proceeds to help find yourself a new residence.
Answered on May 01st, 2014 at 8:41 AM